The termination of a tenancy by the landlord can be a complicated and sometimes contentious issue. In the majority of cases, a landlord has the right to end a rental agreement with a tenant, but there are multiple ways the process can unfold, depending on the situation.
Before serving a notice to end the tenancy, a landlord must determine the reason for the termination. Some of the most common causes for tenant eviction include failure to pay rent, creating a disturbance to other tenants or neighbors, or breaking clauses of the rental agreement. After sufficient grounds are established, landlords should serve the tenant with a Notice to Quit or a Notice to Vacate, depending on the type of tenancy, state law, and the situation.
It’s important for landlords to be familiar with their state’s laws that govern the termination of leases, as there are legally-prescribed methods for notifying tenants. In most cases, the notice must be given in writing, by either certified mail or service of process. In some states, landlords might also be required to provide advanced notice of the eviction to the tenant and potentially post the notice in a visible place.
In certain cases, a court order may be required for the eviction, for example when a tenant has not vacated the unit after the termination notice has been served. This is called an Unlawful Detainer, or Summary Possession Action, and the tenant may choose to contest the eviction in court. Landlords should always check their local regulations to ensure they’re taking the proper course of action.
Our website is www.despacholamas.com